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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Shree Chandrashekhar, Navneet Kumar
Bishun Singh, S/o Babulal Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT:
Shree Chandrashekhar, J.
Bishnu Singh was convicted vide judgment of conviction dated 20th December 2014 and was sentenced to R.I. for 10 years with fine of Rs.2,000/- under Section 307 of the INDIAN PENAL CODE vide order of sentence dated 22nd December 2014; with a default stipulation to undergo S.I. for six months passed by learned District & Additional Sessions Judge-1st Gumla in S.T. Case No.229 of 1991.
2. This Criminal Appeal has been filed to challenge the aforementioned judgment and order passed in S.T. Case No.229 of 1991.
3. The Sessions Judge has recorded the following findings:
“22. After carefully going through the evidence as brought on record by the prosecution, it appears that the victim was assaulted upon during her way back from Longa Bajar on 17-04-1991 at about 7 P.M. There are two eye witnesses of this case – PW.4 and PW.6. After going through their evidence it appears that they had claimed having seen Bishhun Singh (the present accused) committing the occurrence. Though their evidences regarding the accused being the assailant was not corroborated by the injured victim but other prosecution witnesses such as PW.5, PW. 8 and PW.10 have corroborated their
It is true that investigation of a criminal case may be faulty inasmuch as Investigating Officer may not seize the blood stained wearing apparel of victim or that he failed to send offending weapon f....
The court clarified that for a conviction under Section 307 IPC, the prosecution must prove the accused's intention to kill, which was not established in this case.
The court upheld the conviction under Section 307 IPC for attempt to murder, emphasizing the need for proportional sentencing based on the gravity of the offense and the evidence presented.
The intention to cause death and the sufficiency of the acts to cause death in the ordinary course of nature are essential elements of the offense of attempt to murder under Section 307 of the IPC. C....
To sustain a conviction under Section 307 IPC, the prosecution must prove intent or knowledge to endanger life, which was not established in this case, resulting in an altered conviction to Section 3....
The court modified the conviction of the accused from attempted murder to causing grievous hurt, emphasizing the need for direct evidence in serious charges.
The conviction under Section 307 IPC was overturned due to lack of intention to cause death, while convictions under Sections 323, 324, and 341 IPC were upheld.
The court clarified that for a conviction under section 307 IPC, there must be clear evidence of intent to kill, which was not established in this case.
The court affirmed the conviction under Section 307 IPC, establishing intent to cause grievous harm based on corroborated eyewitness and medical evidence.
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